Pharmaceutical giant Johnson & Johnson has been ordered to pay a significant sum in a series of lawsuits brought against it for allegedly failing to adequately warn consumers about the potential risks associated with using talcum powder.
While the scientific link remains unclear, the issue has been brought into the spotlight both by ongoing research and by these high-profile talcum powder lawsuits against the company. Even though there is no consensus in the medical community, consumers should be aware of the potential risks of using talc-based products.
What is Baby Powder?
Baby powder is a marketing term originated by Johnson & Johnson. Today, the term refers to several powders used for cosmetic and hygiene purposes. While some of these products are used on infants for diaper rash and other issues, baby powder is also used by adult women to reduce feminine odor. Most baby powders are made from talcum powder, cornstarch or arrowroot.
What is Talcum Powder?
Talc is a naturally occurring clay mineral found in large deposits around the world. It is widely known as the softest mineral. When crushed into a powder, talc is odorless and absorbent, making it ideal for absorbing bodily moisture and odors without interfering with the scent of scented products.
Talc can be found in many cosmetic products, including powdered makeup, lotions and deodorant. It is also used in smaller quantities as an anti-caking agent in food and medications, such as rice, gum and medication tablets.
In its natural state, talc is often found near asbestos, a substance known to cause a rare cancer called mesothelioma. Cosmetic companies are required to purify their talc before use to avoid contamination; however, testing sometimes reveals that products still contain asbestos.
Recent news
Although the scientific consensus behind the claim remains unsettled, a state court jury in St. Louis, Missouri, determined that there was enough evidence to find the global company liable for a 62-year-old American woman’s development of ovarian cancer.
The woman, Lois Slemp, was awarded $5.4 million in compensation, with Johnson & Johnson ordered to pay an additional $105 million in punitive damages. Imerys Talc, the manufacturer of the talc believed to have caused the cancer, was also found partially responsible and ordered to pay $50,000.
Slemp’s case has made headlines for its sizeable sum, but hers is just the latest in a series of cases against the company based on the allegation that Johnson & Johnson failed to warn people that using talcum powder near their genitals could cause ovarian cancer. In early 2016, several months after plaintiff Jacqueline Fox passed away from ovarian cancer, Johnson & Johnson was required to pay $72 million in punitive and actual damages to the Fox family.
More than 3,000 cases against the company have been filed across the US by people who believe not only that talcum-powder-based toiletry products raise the risk of ovarian cancer in women, but that Johnson & Johnson has known this.
“The court’s decision today appropriately reflects the science and facts at issue in this litigation,” Carol Goodrich, a spokeswoman for Johnson & Johnson, said in a statement at the time.
“Science, research, clinical evidence and decades of studies by medical experts around the world continue to support the safety of cosmetic talc.” While a number of juries may be convinced that Johnson & Johnson has not behaved as ethically as it should, the research on the matter has not made a convincing case to the broader scientific community.
While Johnson & Johnson cites research on its website presenting its talc as safe, legal representatives for the plaintiffs have claimed that internal company communications show the company is not as confident in its products’ safety as its marketing suggests. “The documents are truly damning. The company has known for a long time and has been building a defense strategy for decades,” Slemp’s lawyer told the Independent Journal Review.
With so many court cases still pending, and Johnson & Johnson filing appeals in the face of having to pay out millions in compensation, it’s likely the company will reconsider its marketing tactics in the future, including its product labeling.
If you are looking for more information on the risks of talc and recent updates in litigation, click here.
If you or someone you know developed ovarian cancer after using talc products, contact our experienced team at 800-529-3476 for your free case review.